[HISTORY: Adopted by the Common Council of the City of Fox
Lake as Title 11, Ch. 5, of the 1997 Code. Amendments noted where
applicable.]
A.
Curfew established.
(1)
No person 15 years of age or under shall be or remain in or upon
any of the streets, alleys or other public places in the City of Fox
Lake between 9:00 p.m. and 6:00 a.m. unless such person is accompanied
by a parent, legal guardian or some person of lawful age having the
legal custody of such person or unless he/she is in the performance
of an errand or duty directed by such parent, guardian or other person
or unless his/her employment makes it necessary for him/her to be
upon such streets, alleys or public places during such hours.[1]
(2)
No person under 18 but over 15 years of age shall be or remain in
or upon any of the streets, alleys or public places in the City between
10:30 p.m. and 6:00 a.m. unless such person is accompanied by a parent,
legal guardian or some person of lawful age having the legal custody
of such person or unless he/she is in the performance of an errand
or duty directed by such parent, legal guardian or other person or
unless his/her employment makes it necessary for him/her to be upon
such streets, alleys or public places during such hours.
(3)
The fact that said child, unaccompanied by a parent, legal guardian
or other person having legal custody, is found upon any such public
place during the aforementioned hours shall be prima facie evidence
that said child is there unlawfully and that no reasonable excuse
exists therefor.
B.
Exceptions.
(1)
This section shall not apply to a child:
(a)
Who is performing an errand as directed by his/her parent, legal
guardian or person having lawful custody.
(b)
Who is on his/her own premises or in the areas immediately adjacent
thereto.
(c)
Whose employment makes it necessary to be upon the streets,
alleys or public places or in any motor vehicle during such hours.
(d)
Who is returning home from a supervised school, church or civic
function, but not later than 30 minutes after the ending of such function.
(2)
These exceptions shall not, however, permit a child to unnecessarily
loiter about the streets, alleys or public places or be in a parked
motor vehicle on the public streets.
C.
Parental responsibility. It shall be unlawful for any parent, legal guardian or other person having the lawful care, custody and control of any person under 18 years of age to allow or permit such person to violate the provisions of Subsection A or B above. The fact that prior to the present offense a parent, legal guardian or custodian was informed by any law enforcement officer of a separate violation of this section occurring within 30 days of the present offense shall be prima facie evidence that such parent, legal guardian or custodian allowed or permitted the present violation. Any parent, legal guardian or custodian herein who shall have made a missing person notification to the Police Department shall not be considered to have allowed or permitted any person under 18 years of age to violate this section.
D.
Places of amusement. It shall be unlawful for any person, firm or
organization operating or in charge of any place of amusement, entertainment,
refreshment or other place of business to permit any minor under 18
years of age to loiter, loaf or idle in such place during the hours
prohibited by this section. Whenever the owner or person in charge
or in control of any place of amusement, entertainment, refreshment
or other place of business during the hours prohibited by this section
shall find persons under 18 years of age loitering, loafing or idling
in such place of business, he/she shall immediately order such person
to leave, and if such person refuses to leave said place of business,
the operator shall immediately notify the Police Department and inform
it of the violation.
E.
Detaining a juvenile. Pursuant to Ch. 938, Wis. Stats., law enforcement
officers are hereby authorized to detain any juvenile violating the
above provisions and other provisions in this chapter until such time
as the parent, legal guardian or person having legal custody of the
juvenile shall be immediately notified, and the person so notified
shall as soon as reasonably possible thereafter report to the Police
Department for the purpose of taking custody of the juvenile and shall
sign a release for him or her, or such juvenile may be taken directly
from the scene of his/her apprehension to his/her home. If such juvenile's
parents or relative living nearby cannot be contacted to take custody
of such juvenile and it is determined by the apprehending officer
that the juvenile's physical or mental condition is such as would
require immediate attention, the police officer may make such necessary
arrangements as may be necessary under the circumstances for the juvenile's
welfare.
F.
Warning and penalty.
(1)
Warning. The first time a minor is detained by a law enforcement officer of the City, as provided in Subsection E, such minor and the parent, guardian or person having legal custody of such minor shall be advised, personally, if known, or by registered mail, as to the provisions of this section and further advised that any violation of this section occurring thereafter by such minor or any other minor under the care of such parent, guardian or person having legal custody shall result in a penalty being imposed as hereinafter provided.[2]
(2)
Penalty.
(a)
Any parent, legal guardian or person having legal custody of a child described in Subsections A through E who has been warned in the manner provided in Subsection F(1) and who thereafter violates any of the provisions of this section shall be subject to a penalty as provided in § 1-4 of this Code. After a second violation within a six-month period, if the defendant, in a prosecution under this section, proves that he or she is unable to comply with this section because of the disobedience of the child, the action shall be dismissed and the child shall be referred to the court assigned to exercise jurisdiction under Ch. 938, Wis. Stats.
It shall be unlawful for any person under the age of 17 to possess
a controlled substance contrary to the Uniform Controlled Substances
Act, Chapter 961 of the Wisconsin Statutes.
It shall be unlawful for any person under the age of 17, with
intent, to steal or take property from the person or presence of the
owner without the owner's consent and with the intent to deprive the
owner of the use thereof.
It shall be unlawful for a person under the age of 17 to intentionally
receive or conceal property he/she knows to be stolen.
A.
Adoption of state statutes. Sections 938.02 and 938.17(2), Wis. Stats.,
are hereby adopted and by reference made a part of this section as
if fully set forth herein.
B.
ADULT
JUVENILE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A person who is 18 years of age or older, except that for
purposes of prosecuting a person who is alleged to have violated any
civil law or municipal ordinance, "adult" means a person who has attained
17 years of age.
A person who is less than 18 years of age, except that for
purposes of prosecuting a person who is alleged to have violated a
civil law or municipal ordinance, "juvenile" does not include a person
who has attained 17 years of age.
C.
Provisions of Code applicable to juveniles. Subject to the provisions
and limitations of § 938.17(2), Wis. Stats., complaints
alleging a violation of any provision of this Code of Ordinances against
juveniles may be brought on behalf of the City of Fox Lake and may
be prosecuted utilizing the same procedures in such cases as are applicable
to adults charged with the same offense.
D.
No incarceration as penalty. The court shall not impose incarceration
as a penalty for any person convicted of an offense prosecuted under
this section.
E.
Additional prohibited acts. In addition to any other provision of the City of Fox Lake Code of Ordinances, no juvenile shall own, possess, ingest, buy, sell, trade, use as a beverage, give away or otherwise control any intoxicating liquor or fermented malt beverage in violation of Ch. 125, Wis. Stats.
C.
Prohibited uses.
(1)
Possession of drug paraphernalia. No person under 18 years of age
may use, or possess with the primary intent to use, drug paraphernalia
to plant, propagate, cultivate, grow, harvest, manufacture, compound,
convert, produce, process, prepare, test, analyze, pack, repack, store,
contain, conceal, inject, ingest, inhale or otherwise introduce into
the human body a controlled substance or controlled substance analog
in violation of Ch. 961, Wis. Stats.[3]
(2)
Manufacture or delivery of drug paraphernalia. No person under 18
years of age may deliver, possess with intent to deliver, or manufacture
with intent to deliver drug paraphernalia, knowing that it will be
primarily used to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack,
repack, store, contain, conceal, inject, ingest, inhale or otherwise
introduce into the human body a controlled substance or controlled
substance analog in violation of Ch. 961, Wis. Stats.[4]
D.
Exemption. This section does not apply to manufacturers, practitioners,
pharmacists, owners of pharmacies and other persons whose conduct
is in accordance with Ch. 961, Wis. Stats. This section does not prohibit
the possession, manufacture or use of hypodermics in accordance with
Ch. 961, Wis. Stats.
A.
ACCEPTABLE EXCUSE
ACT OF COMMISSION OR OMISSION
HABITUAL TRUANT
TRUANCY
Definitions. For the purpose of this section, the following definitions
shall be applicable:
The meaning as defined in §§ 118.15 and 118.16(4),
Wis. Stats.
Anything that contributes to the truancy of a juvenile, whether
or not the juvenile is adjudged to be in need of protection or services,
if the natural and probable consequences of that act would be to cause
the child to be truant.
A pupil who is absent from school without an acceptable excuse
for either of the following:
Any absence of part or all of one or more days from school
during which the school attendance officer, principal or teacher has
not been notified of the legal cause of such absence by the parent
or legal guardian of the absent pupil. Intermittent attendance carried
on for the purpose of defeating the intent of § 118.15,
Wis. Stats., shall also be considering truancy.
B.
Prohibition against habitual truant. Any person attending school
in the City between the ages of six and 18 years, subject to the exceptions
found under § 118.15, Wis. Stats., is prohibited from becoming
a habitual truant as the term is defined in this section. Any police
officer in this City is authorized to issue a citation to any such
person who is determined to be a habitual truant under the terms of
this section.
C.
Preconditions to issuance of citation. Prior to the issuance of any
citation, the district school attendance officer shall provide evidence
to the Police Department that appropriate school personnel in the
school in which the juvenile is enrolled have within the school year
during which the truancy occurred:
(1)
Met with or attempted to meet with the juvenile's parent or legal
guardian to discuss the juvenile's truancy.
(2)
Provided an opportunity for educational counseling to the juvenile
and considered curriculum modifications.
(3)
Evaluated the juvenile to determine whether learning problems are
the cause of the truancy and, if so, taken steps to overcome the learning
problems.
(4)
Conducted an evaluation to determine whether social problems are
the cause of the juvenile's truancy and, if so, taken appropriate
action or made appropriate referrals.
D.
Form of citation. Any citation issued shall be returnable in the
Municipal Court in the same manner as all other ordinance citations
are returnable. The citation is to state on its face that this is
a "must appear" citation and no forfeiture amount is to be written
on the face of the citation.
E.
Disposition. Upon a finding the juvenile is habitually truant, the
following dispositions are available to the Court:
(1)
Suspension of operating privilege. Suspend the juvenile's operating
privilege as defined in § 340.01(40), Wis. Stats., for not
less than 30 days nor more than one year. The Court may take possession
of any suspended license. If the Court takes possession of a license,
it shall destroy the license. The Court shall forward to the Department
of Transportation a notice stating the reason for and the duration
of the suspension.[1]
(2)
Counseling, service or work program. Order the juvenile to participate
in counseling, community service or a supervised work program under
§ 938.34(5g), Wis. Stats.
(3)
In-house restraint. Order the juvenile to remain at home except for
the hours in which the juvenile is attending religious worship or
a school program, including travel time required to get to and from
the school program or place of worship. The order may permit a juvenile
to leave home if the juvenile is accompanied by a parent or legal
guardian.
(4)
Educational programs. Order the juvenile to attend an educational
program as set forth in § 938.34(7d), Wis. Stats.
(6)
Teen court program. Order the juvenile to be placed in a teen court
program if all of the following conditions apply:
(a)
The chief judge of the judicial administrative district has
approved a teen court program established in the juvenile's county
of residence and the judge determines that participation in the court
program will likely benefit the juvenile and the community.
(b)
The juvenile admits or pleads no contest to the allegations
that the juvenile was truant in open court with the juvenile's parent,
legal guardian or legal custodian present.
(c)
The juvenile has not successfully completed participation in
a teen court program during the two years before the date of the alleged
violation.
(7)
Parental counseling. Order the parent, legal guardian or legal custodian
of a habitually truant juvenile to participate in counseling at his
or her own expense.
F.
Required school attendance.
(1)
Violations. Any person having under his/her control a juvenile who
is between the ages of six and 18, subject to the exceptions found
in § 118.15, Wis. Stats., shall cause the juvenile to attend
school regularly during the full period and hours that the public
or private school in which the juvenile shall be enrolled is in session
until the end of the school term, quarter, or semester of the school
year in which the juvenile becomes 18 years of age.
(2)
Exceptions.
(a)
A person will not be found in violation of this subsection if
that person can prove that he/she is unable to comply with the provisions
of this section because of the disobedience of the juvenile. The juvenile
shall be referred to the court assigned to exercise jurisdiction under
Ch. 938, Wis. Stats.
(b)
A person will not be found in violation of this subsection if
he/she has a juvenile under his/her control and the child has been
sanctioned under § 49.26(1)(h), Wis. Stats.
(3)
Proof required for exacting a penalty. Before a person may be found
guilty of violating this subsection, the school attendance officer
must present evidence to the Court that the activities under § 118.16(5),
Wis. Stats., have been completed by the school system. If that evidence
has been presented to the Court and if the Court finds a person guilty
of violating this subsection, a forfeiture may be assessed as hereinafter
provided.
G.
Contributing to truancy.[4]
(2)
Subsection G(1) above does not apply to a person who has under his or her control a juvenile who has been sanctioned under § 49.26(1)(h), Wis. Stats.
C.
Subsection A does not apply to any of the following:
(1)
A person operating a runaway home in compliance with § 48.227,
Wis. Stats.;
(2)
A person who shelters or conceals a child at the request or with
the consent of the child's parent, legal guardian or legal or physical
custodian, except if the sheltering or concealment violates § 948.31,
Wis. Stats.; or
(3)
A person who immediately notifies a law enforcement agency, county
department of public welfare or social services, or the intake worker
of the court exercising jurisdiction under Ch. 48 or 938, Wis. Stats.,
that he or she is sheltering or concealing such child and provides
the person or agency notified with all information requested.
A.
Definition of tobacco products. For the purposes of this section,
"tobacco products" means any substance containing tobacco leaf, including
but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing
tobacco or dipping tobacco.
B.
Purchase by minors prohibited. It shall be unlawful for any person
under the age of 18 years to purchase tobacco products, or to misrepresent
his identity or age, or to use any false or altered identification
for the purpose of purchasing tobacco products.
C.
Possession by minors prohibited. It shall be unlawful for any person
under the age of 18 years to possess any tobacco products, provided
that the possession by a person under the age of 18 years under the
direct supervision of the parent or legal guardian of such person
in the privacy of the parent's or legal guardian's home shall not
be prohibited.
D.
Statutes adopted. The provisions of §§ 254.92, 134.66
and 778.25(1)(a), Wis. Stats., are adopted by reference and incorporated
herein.
No person under the age of 18 years shall carry or possess a
lighted cigar, cigarette, pipe, or any other lighted smoking equipment
or tobacco product restricted by state law on public property within
500 feet of a school grounds within the City of Fox Lake between the
hours of 7:00 a.m. and 5:00 p.m.
A.
Authority. This section is adopted pursuant to the authority granted
by § 66.0107 and Ch. 948, Wis. Stats.
B.
CRIMINAL GANG
PATTERN OF CRIMINAL GANG ACTIVITY
UNLAWFUL ACT
Definitions. For purposes of this section, the following terms are
defined:
An ongoing organization, association or group of three or
more persons, whether formal or informal, that has as one of its primary
activities the commission of one or more criminal or unlawful acts,
or acts that would be criminal or unlawful if the actor were an adult,
specified in § 939.22(21)(a) to (s), Wis. Stats., or in
any of the Municipal Code sections referred to in the definition of
"pattern of criminal gang activity" below, that has a common name
or common identifying sign or symbol and whose members individually
or collectively engage in or have engaged in a pattern of criminal
gang activity.
Has the same meaning as the definition in § 939.22(21), Wis. Stats., the list of offenses in Subsections (a) to (s) of that section, and the following chapters of this Code: Chapter 314, Intoxicating Liquor and Fermented Malt Beverages, Chapter 326, Juveniles, Chapter 362, Nuisances, and Chapter 375, Peace and Good Order.
Includes a violation of any of the Municipal Code sections
referred to in the definition of "pattern of criminal gang activity"
above or any criminal act or act that would be criminal if the actor
were an adult.
C.
Unlawful activity.
(1)
It is unlawful for any person to engage in criminal gang activity.
(2)
It is unlawful for any person to solicit or attempt to solicit a person who has not attained the age of 18 years to commit or attempt to commit any violation of the provisions of this section or any one or more of those sections of the Municipal Code referred to in the definition of "pattern of criminal gang activity" in Subsection B above.
(3)
It is unlawful for any person to solicit or attempt to solicit a
person who has not attained the age of 18 years to participate in
criminal gang activity.
(4)
It is unlawful for any person to solicit or attempt to solicit a
person who has not attained the age of 18 years to join a criminal
gang.
A.
Citation process. For violations of §§ 326-2 through 326-11, juveniles may be cited by the citation process on a form approved by the City Attorney which shall contain on the reverse side the penalties that the juvenile may receive simultaneously with issuing the citation to the juvenile. A copy will be mailed to the parent or legal guardian.[1]
B.
Penalties. Violations of §§ 326-2 through 326-11 by a person under the age of 18 shall be punishable according to § 1-4 of this Code and §§ 938.17(2), 938.343, 938.344 and 938.345, Wis. Stats. Nothing in this section shall prevent the juvenile officer, in his/her discretion, from referring cases directly to the District Attorney's office.
[Added 11-25-1997]
B.
CHILD
CUSTODIAL PARENT
CUSTODY
Definitions. In this section, unless otherwise defined, the following
terms shall have the meanings indicated:
A person under the age of 18 years.
A parent of a minor child who has custody of said child.
Either physical custody of a child under a court order under
§ 767.225 or 767.41, Wis. Stats., custody of a child under
a stipulation under § 767.34, Wis. Stats., or actual physical
custody of the child. "Custody" does not include legal custody, as
defined under § 48.02(12), Wis. Stats., by an agency or
a person other than a child's birth or adoptive parent. In determining
which parent has custody of a child for purposes of this section,
the court shall consider which parent had responsibility for caring
for and supervising the child at the time that the child's ordinance
violations occurred.
C.
Prohibited conduct. Every custodial parent has a duty to properly
supervise his or her child. Any custodial parent whose child is convicted
of a Fox Lake Municipal Code violation twice in a six-month period
or three or more times within a twelve-month period is guilty of failing
to properly supervise said child. The six- and twelve-month periods
shall be measured from the date of violation.
